Category Archives: DUI Case Law

Keeping you informed of changes in the law that impacts upon OVI practice in Ohio.

DUI Law Update: MADD Gets Its Cake And Eats It Too!

This DUI law update sets forth an alternate interpretation of MADDs attempt to pass Annie’s Law.  Is it possible that MADD has seen the error of its ways and is seeking to do damage control?  DUI law updateThe most common complaint about DUI enforcement in the State of Ohio concerns the ability of a police officer to seize your license and prevent you from driving for 15 or 30 days (first offense) before you are even taken to court.  We often hear [Read the full post. . .]

DUI Case Law Update: State v. Ilg

DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258

DUI case lawFor most of my career I have had to deal with a tremendous disadvantage in DUI cases.  In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the breath test machine if it attacked the “general reliability” of a breath alcohol test if it was “conducted in accordance with methods [Read the full post. . .]

DUI Law: What Did SCOTUS Say In Missouri v. McNeely

dui lawIf you have been following developments in DUI law, you have no doubt heard about the United States Supreme Court decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013).  The case deals with when, and under what circumstances the government is required to seek a warrant prior to drawing blood from a suspected DUI offender. Below is a quote from the case which provides a reasonable (and short) analysis of the case.  If you want to read [Read the full post. . .]

Ohio DUI Law R.C 4511.19(A)(2) “a codified dilema”

ohio dui law

Ohio DUI law R.C. 4511.19(A)(2) enhances the penalty for a motorist who, having been convicted once in the last six (6) years, after having been arrested, refuses to take a blood, breath or urine test.  In State v. Hoover,173 Ohio App.3d 487, 2007-Ohio-5773, the issue of whether or not a person can have a DUI sentence enhanced pursuant to R.C. 4511.19(A)(2) for refusing to take a chemical test was before the Ohio Supreme Court.  The government sought to [Read the full post. . .]

Determining Probable Cause For An OVI Offense

probable causeA warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller,  117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 [Read the full post. . .]